Ex parte KIM - Page 7




             Appeal No. 1998-2513                                                                                     
             Application No. 08/171,427                                                                               

             operative device.  However, the circuitry of Figure 3 uses a capstan speed instruction as                
             input to error detector 21.  The evidence suggests that whatever intermediate processing                 
             that may be necessary would not have required anything beyond routine skill in the art.                  
             (For example, Takeda discloses changing the form of a signal -- from frequency to voltage                
             -- by means of element 5 in Figure 1.)  Appellant has not shown the rejection of claim 1 to              
             be in error.                                                                                             


             Claim 5 (independent)                                                                                    
                    We are unpersuaded by appellant’s arguments in support of claim 5.  Supplying the                 
             speed instruction from tracking error to speed error detector 21 (instant Figure 3) would do             
             that which is alleged to be missing: that the “speed controller produces a degree of speed               
             control by comparing the variable speed instruction output from the tracking controller with             
             the actual capstan speed.”  (Brief, page 9.)  Since we agree with the examiner’s finding                 
             that the combined teachings would have suggested supplying a speed instruction, derived                  
             from tracking error, to speed error detector 21 as shown in prior art Figure 3, we disagree              
             that the argued limitation is missing from the teachings of the prior art.                               


             Claims 10-13 and 15 (claim 12 independent)                                                               
                    Appellant’s arguments in support of claims 10-13 are based on an implied                          
             allegation with which we disagree.  We agree that in Takeda “the output of the control                   

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